Tag: Seaman status

• Maritime Casualty

  Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties

  • April 25, 2016
  • By Allen & Gooch

  We previously reported  on the dispute whether Jones Act seamen can recover punitive damages under general maritime law against non-employer third parties.  District court opinions on this issue have differed, mostly due to conflicting interpretations of prior U.S. Supreme Court and U.S. Fifth Circuit Court of Appeals decisions.   Hume v. Consolidated Grain & Barge, […]

• Maritime Casualty

  Seaman Status of a Wireline Operator

  • February 22, 2016
  • By Allen & Gooch

  Seaman Status is a Two-Part Test We previously discussed that determining whether your employee is a seaman requires analysis of a two-part test.  First, the employee’s duties must “contribute to the function of a vessel or to the accomplishment of its mission.”  Second, the employee must have a connection to a vessel in navigation (or […]

• Maritime Casualty

  Employment Gaps May Affect Seaman Status

  • September 10, 2014
  • By Allen & Gooch
  

  Jones Act Coverage Based on Time Working on Vessel When making claims under the Jones Act, plaintiffs must prove that they spent 30% or more of their time working on a vessel or fleet of vessels under common ownership.  This analysis can become complicated if the seaman was employed by his employer on multiple occasions […]

• Maritime Casualty

  Job Reassignment May Change Your Employee’s Seaman Status

  • December 27, 2013
  • By Allen & Gooch
  

  We previously wrote that, in order to be a seaman, an employee’s job duties must “contribute to the function of a vessel or to the accomplishment of its mission,” and he must have a substantial connection to a vessel or fleet of vessels.  This two-part test begs the question:  what is the relevant time period […]

• Maritime Casualty

  Seaman Status: Do Your Employees Qualify?

  • December 7, 2013
  • By Allen & Gooch
  

  Special Privileges Afforded to Seamen under Maritime Law A seaman enjoys special rights under the law that are not afforded to other employees, such as the right to receive maintenance and cure if injured while in service of a vessel and the right to sue their employer in tort under the Jones Act.  However, many […]